Dangote Petroleum Refinery and Petrochemicals FZE, on Thursday, faulted the Federal Competition and Consumer Protection Commission’s (FCCPC) second attempt to join and challenge its N100 billion import license lawsuit.
The refinery’s lawyer, George Ibrahim, SAN, explained to the Federal High Court in Abuja why the Commission was “no longer necessary” as a party in the case.
Nairametrics previously reported that the court, on March 18, 2025, dismissed the FCCPC’s initial request to join and challenge the refinery’s import license lawsuit.
Justice Inyang Ekwo dismissed the FCCPC’s joinder request while ruling on the Commission’s application to join and prove Dangote’s alleged planned monopoly in the oil and gas sector.
Legal Dispute
The pending suit by Dangote Refinery, marked FHC/ABJ/CS/1324/2024, seeks to void import licenses issued to several Nigerian oil companies by the Nigerian Midstream and Downstream Petroleum Regulatory Authority (NMDPRA).
These companies include Nigerian National Petroleum Company Limited (NNPCL)M, atrix Petroleum Services Limited, A.A. Rano Limited and four others
In its motion and accompanying documents, exclusively seen by Nairametrics, the FCCPC legal team led by Barrister Olarenwaju Osinaik,e had stated that the FCCPC is seeking to be joined as a necessary party to the proceedings because its interests would allegedly be affected by the outcome of the suit.
The Commission argued that the case involves whether preventing the oil companies in dispute from operating the said licenses would lead to anti-competition or a monopoly in favor of Dangote Refinery.
The FCCPC contended that Nigeria operates a free-market economy, allowing individuals and entities to participate in various sectors without hindrance.
In response to the FCCPC’s request to join the suit, Dangote Refinery stated: “It is not true that the plaintiff’s suit is monopolistic but solely aimed at revamping local refining of petroleum products in Nigeria.”
Ibrahim submitted that his client was granted a license by the NMDPRA under the Petroleum Industry Act to import, produce, and refine petroleum products.
“Dangote Refinery is able to meet the daily consumption demand of the country,” he stated, adding that the NMDPRA allegedly granted licenses to the defendants to import petroleum products contrary to Sections 317(8) and (9) of the Petroleum Industry Act.
He further argued:
“The Petroleum Industry Act does not give the Federal Competition and Consumer Protection Commission (FCCPC) authority to issue licenses or impose levies on the plaintiff,” describing the FCCPC as a “meddlesome interloper” that should not be allowed to join the suit.
Ruling on the FCCPC’s joinder application at the time, Justice Ekwo stated that while the law allows a necessary party to join a case, that party must prove its relevance to the matter.
Ekwo held that, having reviewed the submissions of both the FCCPC and Dangote Refinery, he could not find how the Commission was relevant to the case involving the Petroleum Industry Act (PIA).
The judge subsequently ordered the dismissal of the FCCPC’s joinder application.
What Transpired in Court
- At the resumed court session on Thursday, Terhemba Gbashima, Esq., announced his appearance for the FCCPC as a party seeking to be joined.
- Gbashima told the court that the FCCPC had applied to be joined and that the Commission’s application was refused.
- He added, “We applied for leave to appeal at the Court of Appeal, and it was granted. The appeal has been entered as we have filed briefs and served.”
- The lawyer maintained, “This is a matter that touches on consumers’ rights, and that is why we have an application. If this matter is heard in our absence, we will be shut out.”
- The judge then asked the FCCPC lawyer what would stop the court from hearing the case. Gbashima responded, “It is our appeal.”
- Responding to the FCCPC lawyer’s submission, Ibrahim confirmed that the FCCPC had filed an application for joinder, which the court dismissed.
- He added that the Commission went on appeal seeking an order for a stay of proceedings, but the Court of Appeal refused it.
“In the circumstances, their(FCCPC) coming here is no longer necessary,” Ibrahim said.
- The judge stated that he does not think the FCCPC can continue with the proceedings, nor will its appeal stall the proceedings.
- Gbashima responded that his motion for a stay of proceedings was not refused, adding that the Commission withdrew it.
- The judge subsequently fixed September 29 for the hearing on Dangote Refinery’s case and ordered that hearing notices be issued to all parties.
What You Should Know
- The trial court had also dismissed a preliminary objection by the NNPCL against Dangote Refinery, stating that the application was incompetent.
- Africa’s richest man, Aliko Dangote, announced his willingness to sell his multibillion-dollar refinery to NNPCL amid escalating disputes with regulators and equity partners last year.
- Dangote had previously accused other importers of bringing substandard petroleum products into Nigeria.
- Nairametrics reported that the federal government later allowed marketers to purchase petroleum products directly from Dangote Refinery, following NNPCL’s decision to withdraw as an intermediary between the refinery and marketers.
